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Pennsylvania driving lesson · Driving Record and Penalties

DUI, implied consent and penalties

A 4-minute lesson from the Pennsylvania course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
4 minutes
Course unit
Driving Record and Penalties
Checkpoint questions
6
Source pages
85, 86, 87

Pennsylvania's DUI penalties rise with your blood alcohol concentration (BAC), the harm you cause, and how many times you've been convicted. Refusing a chemical test brings its own suspension on top of any DUI penalty.

Know the rule

At 21 or older, a BAC of .08 or higher is DUI. You can also be convicted at a lower BAC if stopped for erratic driving: too slow or fast, straddling lanes, wide turns, stopping for no reason, or ignoring signs and signals.

Handbook p. 85 ↗

Know the rule

Under 21, you may not drive with any measurable alcohol; a BAC of .02 or greater is DUI.

Handbook p. 86 ↗

Implied consent

By being licensed to drive in PA, you've agreed to take chemical tests of breath or blood if arrested for driving under the influence.

Handbook p. 86 ↗

Refusing a chemical test

Refusing a chemical test
SituationSuspension
First refusal1 year, even if found not guilty of DUI
Refusal and found guilty of DUIMay be 2 1/2 years, depending on BAC
Refusal with a prior DUI or refusal18 months + 18 months for DUI = 3 years
Handbook p. 86 ↗

Chemical test refusal restoration fee

Chemical test refusal restoration fee
OffenseFee
First$500
Second$1,000
Third or later$2,000
Handbook p. 86 ↗

Know the rule

The refusal suspension is added to any suspension for a DUI conviction or ARD, and the refusal fee (paid by certified check or money order) is added to the regular restoration fee.

Handbook p. 86 ↗

First-offense DUI penalties

First-offense DUI penalties
Tier (BAC)Sentence and fineLicense
General impairment (.08-.099)6 months probation; $300No action
High rate (.10-.159)2 days-6 months prison; $500-$5,00012-month suspension
Highest rate (.16+)3 days-6 months prison; $1,000-$5,00012-month suspension
Handbook p. 87 ↗

Repeat DUI penalties

Repeat DUI penalties
TierSecond offenseThird offense
General impairment5 days-6 mo prison; $300-$2,500; 12-mo susp.10 days-2 yrs; $500-$5,000; 12-mo susp.
High rate30 days-6 mo; $750-$5,000; 12-mo susp.90 days-5 yrs; $1,500-$10,000; 18-mo susp.
Highest rate90 days-5 yrs; $1,500; 18-mo susp.1-5 yrs; $2,500 minimum; 18-mo susp.
Handbook p. 87 ↗

Penalized at the High Rate even at a lower BAC

  • Drivers under 21 with a BAC of .02 or more
  • Commercial vehicle drivers at .04 or more; school bus drivers at .02 or more
  • Drivers at .08 to .099 in a crash causing serious injury, death, or vehicle/property damage
Handbook p. 87 ↗

Penalized at the Highest Rate

  • Anyone who refuses chemical testing, at any BAC
  • DUI of non-prescribed Schedule I, II or III drugs, a drug-alcohol combination, or inhalants
Handbook p. 87 ↗

Other DUI consequences

  • Alcohol highway safety school for first or second offenses at any level
  • Ignition interlock for high-BAC offenders and test refusals; each table suspension adds 1 year of it
  • Possible court-ordered alcohol screening and treatment
  • Up to 150 hours of community service
Handbook p. 86 ↗

If accepted into ARD (first offense) you will:

  • Lose your license for up to 90 days
  • Stay under court supervision for 6 months
  • Pay a $300 to $5,000 fine plus fees and costs
  • Undergo alcohol and drug evaluation, and treatment if needed
  • Attend 12 1/2 hours of Alcohol Highway Safety School
Handbook p. 87 ↗

Know the rule

If your maximum penalty is 6 months (first offense at any level, or second in General Impairment or High Rate), the DUI is an ungraded misdemeanor and you're not entitled to a jury trial.

Handbook p. 87 ↗

Put it into practice

A 25-year-old is arrested for DUI and refuses the breath test, then is found not guilty. Their license is still suspended for 1 year for the refusal, and they owe a $500 refusal restoration fee.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

At legal drinking age (21+), what BAC level is considered driving under the influence in Pennsylvania?
  1. .05 percent or higher
  2. .08 percent or higher
  3. .10 percent or higher
  4. .02 percent or higher

Answer: .08 percent or higher

Adult drivers are considered DUI at a BAC of .08 percent or higher.

Handbook p. 85 ↗
What BAC range defines 'General Impairment' DUI for an adult driver?
  1. .10 to .159 percent
  2. .16 percent and up
  3. .08 to .099 percent
  4. .02 to .049 percent

Answer: .08 to .099 percent

General Impairment covers a BAC of .08 up to .099 percent for adult drivers.

Handbook p. 87 ↗
What BAC range defines the 'High Rate' DUI tier?
  1. .08 to .099 percent
  2. .16 percent and up
  3. .05 to .079 percent
  4. .10 to .159 percent

Answer: .10 to .159 percent

High Rate DUI applies to a BAC of .10 to .159 percent.

Handbook p. 87 ↗
What BAC level defines the 'Highest Rate' DUI tier?
  1. .16 percent and up
  2. .10 to .159 percent
  3. .08 to .099 percent
  4. .12 percent and up

Answer: .16 percent and up

Highest Rate DUI applies at a BAC of .16 percent or above.

Handbook p. 87 ↗
If you refuse a chemical test after a DUI arrest, what happens to your driving privilege?
  1. No penalty if you are found not guilty
  2. A warning only for a first refusal
  3. A 30-day suspension only
  4. Automatic 1-year suspension, even if found not guilty of DUI

Answer: Automatic 1-year suspension, even if found not guilty of DUI

Refusing a chemical test triggers an automatic 1-year suspension, regardless of the DUI outcome.

Handbook p. 86 ↗
What is the fee for a first-offense chemical test refusal restoration?
  1. $100
  2. $500
  3. $1,000
  4. $250

Answer: $500

The chemical test refusal restoration fee for a first offense is $500.

Handbook p. 86 ↗
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